Madras High CourtCRL OP/22914/2024leave granted

Pon Ramesh v. K.T.Kishore Kumar

2024-12-10Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2024

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN PON RAMESH S/O.PONNUSAMY, NO.4/135, NADUTHERU STREET, PALAPATTI POST, MOHANUR TALUK, NAMAKKAL DISTRICT.

APPELLANT(S) Vs K.T.KISHORE KUMAR S/O.THULASIRAM, NO.49, FISHER STREER, KAMARAJAR SALAI, MUNICHSALAI ROAD, MADURAI-9.

RESPONDENT(S) CRL A SR. 46095 of 2024 PON RAMESH PETITIONER(S) Vs K.T.KISHORE KUMAR APPELLANT(S) CRL OP. 22914 of 2024 For Appellant(s):

M.R. JOTHIMANIAN C.KAVINKUMAR AFFIDAVIT OF SERVICE FILED For Respondent(s):

P.S.NAGARAJAN R.RADHA PANDIAN M.KAVIRAJ K.MADHU MITHA S.SUBBU LAKSHMI K.RHISHI THIRUVENGADAM COUNSEL FOR

RESPONDENT

ORDER

Aggrieved by the acquittal of the respondent for the offences punishable under Section 138 of Negotiable Instruments Act, the petitioner/complainant has filed the present petition seeking leave to file an appeal.

2. The learned counsel for the petitioner would submit that the signature in the cheque was admitted by the respondent; that though the respondent had not rebutted the statutory presumption, the learned Magistrate, had erroneously acquitted the respondent on the ground that the petitioner had not established his capacity to lend the cheque amount to the respondent; that there is evidence to show that the appellant had established that the cheque was issued for a legally enforceable debt; and that therefore, the judgment of the trial Court is liable to be set aside.

3. The learned counsel for the respondent submitted that the judgment is in accordance with law and therefore, no interference is called for.

4. Considering the submissions on either side, this Court is of the

view that the issues involved requires consideration by this Court and hence, leave is granted to file an appeal.

5. Registry is directed to number the appeal and post for admission, if it is otherwise in order.

10.12.2024 ars

SUNDER MOHAN , J.

ars To

1. K.T.KISHORE KUMAR S/O.THULASIRAM, NO.49, FISHER STREER, KAMARAJAR SALAI, MUNICHSALAI ROAD, MADURAI-9.

in Crl.A.Sr.No.46095 of 2024 10.12.2024